1.1                          A bill for an act 
  1.2             relating to agriculture; extending the time period for 
  1.3             certain seed germination tests; amending Minnesota 
  1.4             Statutes 1998, section 21.86, subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 21.86, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [PROHIBITIONS.] A person may not advertise 
  1.9   or sell any agricultural, vegetable, flower, or tree and shrub 
  1.10  seed if:  
  1.11     (a) Except as provided in clauses (1) to (3), a test to 
  1.12  determine the percentage of germination required by sections 
  1.13  21.82 and 21.83 has not been completed within a nine-month 
  1.14  period, exclusive of the calendar month in which the test was 
  1.15  completed.  
  1.16     (1) When advertised or offered for sale as agricultural 
  1.17  seed, native grass and forb seeds must have been tested for 
  1.18  percentage of germination as required by section 21.82 within a 
  1.19  14-month period, exclusive of the calendar month in which the 
  1.20  test was completed. 
  1.21     (2) This prohibition does not apply to tree, shrub, 
  1.22  agricultural, or vegetable seeds packaged in hermetically sealed 
  1.23  containers.  Seeds packaged in hermetically sealed containers 
  1.24  under the conditions defined by rule may be offered for sale for 
  1.25  a period of 36 months after the last day of the month that the 
  2.1   seeds were tested for germination prior to packaging.  
  2.2      (3) If seeds in hermetically sealed containers are offered 
  2.3   for sale more than 36 months after the last day of the month in 
  2.4   which they were tested prior to packaging, they must be retested 
  2.5   within a nine-month period, exclusive of the calendar month in 
  2.6   which the retest was completed; 
  2.7      (b) It is not labeled in accordance with sections 21.82 and 
  2.8   21.83 or has false or misleading labeling; 
  2.9      (c) False or misleading advertisement has been used in 
  2.10  respect to its sale; 
  2.11     (d) It contains prohibited noxious weed seeds; 
  2.12     (e) It consists of or contains restricted noxious weed 
  2.13  seeds in excess of 25 seeds per pound or in excess of the number 
  2.14  declared on the label attached to the container of the seed or 
  2.15  associated with the seed; 
  2.16     (f) It contains more than one percent by weight of all weed 
  2.17  seeds; 
  2.18     (g) It contains less than the stated net weight of 
  2.19  contents; 
  2.20     (h) It contains less than the stated number of seeds in the 
  2.21  container; 
  2.22     (i) It contains any labeling, advertising, or other 
  2.23  representation subject to sections 21.82 and 21.83 representing 
  2.24  the seed to be certified unless:  
  2.25     (1) it has been determined by a seed certifying agency that 
  2.26  the seed conformed to standards of purity and identity as to 
  2.27  kind, species, subspecies, or variety, and also that tree seed 
  2.28  was found to be of the origin and elevation claimed, in 
  2.29  compliance with the rules pertaining to the seed; and 
  2.30     (2) the seed bears an official label issued for it by a 
  2.31  seed certifying agency stating that the seed is of a certified 
  2.32  class and a specified kind, species, subspecies, or variety; 
  2.33     (j) It is labeled with a variety name but not certified by 
  2.34  an official seed certifying agency when it is a variety for 
  2.35  which a United States certificate of plant variety protection 
  2.36  has been granted under United States Code, title 7, sections 
  3.1   2481 to 2486, specifying sale by variety name only as a class of 
  3.2   certified seed.  Seed from a certified lot may be labeled as to 
  3.3   variety name when used in a blend or mixture by or with approval 
  3.4   of the owner of the variety; or 
  3.5      (k) The person whose name appears on the label does not 
  3.6   have complete records including a file sample of each lot of 
  3.7   agricultural, vegetable, flower, tree or shrub seed sold in this 
  3.8   state as required in section 21.84.  
  3.9      Sec. 2.  [EFFECTIVE DATE.] 
  3.10     Section 1 is effective June 1, 2000.